Due Process of Lawmaking : The United States, South Africa, Germany, and the European Union
By: Rose-Ackerman, Susan.
Contributor(s): Egidy, Stefanie | Fowkes, James.Material type: TextSeries: eBooks on Demand.Publisher: New York : Cambridge University Press, 2015Description: 1 online resource (310 p.).ISBN: 9781316207673.Subject(s): Due process of law -- European Union | Due process of law -- Germany | Due process of law -- South Africa | Due process of law -- United StatesGenre/Form: Electronic books.Additional physical formats: Print version:: Due Process of Lawmaking : The United States, South Africa, Germany, and the European UnionDDC classification: 342.73 | 342.73052 Online resources: Click here to view this ebook.
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|Electronic Book||UT Tyler Online Online||KF4765 (Browse shelf)||http://uttyler.eblib.com/patron/FullRecord.aspx?p=1873430||Available||EBL1873430|
Cover; Half-title; Title page; Copyright information; Table of contents; Preface; Introduction; 1 Political Economy and Constitutional Law; I. Positive Political Economy; A. Administrative Rulemaking Processes; B. The Law of the Legislative Process; II. Constitutional Rights and Constitutional Structures; A. Constitutional Rights; B. Constitutional Structures; III. Institutions and Political History; IV. Democracy and Competence - A Role for the Courts?; 2 The United States; I. The Legislative Process; A. Structural Issues: The Separation of Powers; 1. The Non-Delegation Doctrine
2. Structural LimitsB. Jurisdiction and Standing; C. The Legislative Veto, the Speech and Debate Clause, and the Enrolled Bill Rule; 1. The Legislative Veto and the Line-Item Veto; 2. The Speech and Debate Clause; 3. The Enrolled Bill Rule; D. Conclusions; II. Giving Reasons: Substance and Process; A. Means/End Rationality; B. Heightened Scrutiny: Liberal and Conservative Versions; 1. Due Process; 2. Equal Protection; 3. Separation of Church and State: What Is Science?; 4. Limits on Federal Power; C. Conclusions; III. Judicial Review of the Administrative Process
A. The Constitution and the Administrative ProcessB. The Administrative Procedure Act; IV. Conclusions; A. Review of Statutes; B. Review of Rules; C. The United States as a Case Study; 3 South Africa; I. "Due Delegation"; II. Standing; III. Jurisdiction; IV. Review of the Legislative Process; A. Review of Public Participation in National and Provincial Legislative Processes; B. Review of Public Participation in Local Government; C. Review of Other Internal Legislative Decisions; D. Conclusions; V. Review of Administrative Procedures; A. Public Participation Requirements; B. Giving Reasons
C. Consequences of InvalidationD. Conclusions; VI. Review of Substance - Procedure by Another Name; A. Means/End Rationality; B. Reasonableness; C. Proportionality and the Limitations Clause; VII. Conclusions on South Africa; 4 Germany; I. Separation of Powers: The Non-Delegation Doctrine; II. Review of the Legislative Process; A. Procedural Duties in the Basic Law; B. The Legislative Process in the Jurisprudence of the Federal Constitutional Court; 1. Individual Rights as a Basis for Procedural Duties; 2. Legislative Duties in the Hartz IV Decision and Beyond
C. The Practical Limits of Procedural DutiesIII. Review of Administrative Regulations and Guidelines; A. The Production of Secondary Legislation; B. Area-Specific Procedural Rules; C. Parliamentary Influence on Lawmaking in the Executive; D. Judicial Review; IV. Procedure as a Value in Germany; 5 The European Union; I. Procedures for Rulemaking in the European Union; A. Legislative Acts; B. Non-Legislative Acts; 1. Delegated Acts; 2. Implementing Acts; 3. The Rebirth of Comitology?; C. Soft Law Procedural Rules; D. Promoting Transparency and Participation in the EU Treaties
II. Standing and Jurisdiction to Challenge EU Legal Acts
This comparative study of the law of lawmaking demonstrates the interplay between constitutional principles and political imperatives in four modern polities.
Description based upon print version of record.